MITESHBHAI DILIPBHAI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, is seeking regular bail in connection with the FIR being C.R.No. No.I-14 of 2018 registered with Valsad and Dang Police Police Station, Valsad, for the offences punishable under Sections 13(1)(d)(1)(2)(3), 13(2) of the Prevention of Corruption Act and Sections 409, 465, 466, 467, 471, 476(A), 120(B) and 34 of the Indian Penal Code.

(2.) Mr. N.D. Nanavaty, learned Sr. Counsel assisted by Mr.Hriday Buch and Mr. Ankit Shah, learned counsel appearing for the applicant submits that the applicant has been wrongly arraigned as accused in the present case without any justifiable reason. There is not an iota of prima facie material, which could point the guilt towards the present applicant in the case on hand. It is further submitted that, the applicant is not a government employee and at the relevant point of time, he was working as an employee of the Project Firm namely 'Pipara and Co.' Further, the applicant has not fabricated a single document and affixed seal of pre-audit was also not false and fabricated. Therefore, during the audit work, the applicant has performed his duty as per the rules of accountancy and no any monetary benefits, as alleged by the prosecution, had been received from anybody. It is further submitted that, the accused who are the office bearers of GSLDC as mentioned in the FIR have been released on bail by this Court as well as the concerned Sessions Court.

(3.) Learned APP has opposed the bail application contending that considering the monetary stake as alleged against the applicant, and nature of accusation, the discretion may not be exercised in favour of the applicant.